Sharp v. A Star Holdings CA1/5

Filed 3/30/26 Sharp v. A Star Holdings CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

WENDY SHARP, Plaintiff and Respondent, A172679

v. (San Francisco City & A STAR HOLDINGS LLC et al., County Super. Ct. No. CPF-24-518797) Defendants and Appellants.

Defendants and appellants A Star Holdings LLC (A Star) and Peter Acworth (Acworth) appeal from the trial court’s judgment confirming an award against them following an arbitration with plaintiff and respondent Wendy Sharp (Sharp). We direct the trial court to correct a mathematical error in the arbitrator’s award and otherwise affirm. BACKGROUND Sharp is the owner of a property on 14th Street in San Francisco. Appellant A Star owns an adjacent property (A Star’s Property). The two properties are separated by an alley, which is the subject of an easement at issue in the present case. In 2007, Sharp entered into an agreement with a prior owner of A Star’s Property, whereby Sharp provided an easement to the alley (Easement Agreement or Agreement). As a condition of access, a provision of the

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Agreement entitled “Trash and Trash Removal” requires that the alley be kept “reasonably clean and sanitary.” That same provision also provides a limited procedure for the owner of A Star’s Property to use the alley for construction materials. That portion of the provision reads: “No more than two (2) times during each calendar year, [the owner of A Star’s Property] may use the Easement Area to store construction debris and possessions of tenants during periods of construction or vacancy of apartments (‘Debris’). Such Debris shall be stored in a sanitary and clean manner, . . . in a way that does not obstruct Pedestrian Access through the Easement Area and that reasonably minimizes interference with the use of the alley by Sharp. Such Debris shall not remain in the Easement Area for a period in excess of five (5) days and upon removal, [the owner of A Star’s Property] shall restore the Easement Area to the condition existing prior to the storage of the Debris. [The owner of A Star’s Property] shall give Sharp three (3) days prior written notice of any such usage before doing so, and agrees to pay Sharp $300.00 per day as a penalty for any usage beyond the five (5) day period provided herein.” In 2022, Sharp requested an “Easement Penalty” from A Star due to rotting garbage and garbage bag obstructions between September and December 2022. In February 2024, Sharp made a demand for arbitration pursuant to the Easement Agreement. Among other things, she claimed that appellants had locked her out of the alley; left “mounds of garbage” in the alley; and “continuously conducted construction work in the [alley] without the required notice or documentation . . . .” Sharp requested damages in an amount to be proven at arbitration, as well as attorney fees and costs. The arbitrator took documentary and testimonial evidence, but the arbitration was not transcribed. On November 17, 2024, the arbitrator